LEVELLR LTD (Company registration number 12909887)
THE ATHLETE AND/OR THE AGENT
- By using our Site as an Athlete and/or an Agent, you are indicating your acceptance (for example, by agreeing when creating or authorising levels etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site as an Athlete and/or an Agent.
- A management company, manager, agency, agent, publicist, or other individual or organisation (each, an “Agent”) may register an Athlete. By registering, the Agent represents and warrants for itself and each Athlete that the Agent is the authorised representative of the Athlete.
- All Levels will be developed by the Athlete and/or the Agent (this includes prices, text copy and images), and approved by Levellr, with assistance available if required.
- Unless otherwise agreed in writing within 3 working days of notification of a product purchase, once live on the website (levellr.com), any sales that are made must be fulfilled by the Athlete and/or the Agent.
- When a sale is made, Levellr will contact the Athlete and/or the Agent within 24 hours of the product purchase to initiate fulfilment of the product or experience. Conditions for fulfilment of sales vary depending on the Level and will be stated within the Level descriptions. When a submission date is specified in the Level, Athletes and/or Agents must adhere to these deadlines.
- For videos, the Athlete/and or Agent may decline a request or otherwise refuse, in their discretion, to create a Levellr Video if a User’s request is objectionable or otherwise offensive to you.
- Levellr retains the right, in its sole discretion, to cancel any request from a User. No payment will be made to you for any declined, cancelled, or unfulfilled Levellr video request.
- For digital events, the Athlete/and or Agent may decline a request or otherwise refuse, in their discretion, to take part in the event if they have a moral or religious challenge against a business that has acquired the product.
- For in-person events, the Athlete and/or the Agent will be expected to arrange logistics and booking of facilities (if included in the Level). For an additional % of revenue agreed upon request, Levellr can assist fulfilling experiences for the Athlete and/or the Agent.
- Once a sale has been made, the Athlete and/or the Agent cannot approach Users directly or indirectly to deliver experiences outside of working with Levellr Ltd.
- Levellr Ltd are not liable for any insurance cover related to any personal, injury or travel claim from the Athlete and/or the Agent and they shall be fully responsible for this.
- If you cancel your Site Profile, you may, on at least 7 business days’ advance written notice to us, request that we no longer include your Levels on our Site and that we not make any new public use of them.
- For all Levels, you grant to us a non-exclusive, royalty-free, fully paid, unlimited license in any and all manner and media, (including social media channels and third party websites and platforms), to reproduce, distribute and modify to use Athlete Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Athlete Content may, in Levellr’s sole discretion, be used in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. You agree that we may display advertising with or in connection with your Athlete Content. You further acknowledge and agree that Levellr has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by Levellr as a result of any such advertising).
- From time to time we may request additional Promotional Materials from you for Levellr’s use to promote you on or in connection with our Site or on any social media platform or third party website. Any other materials or photos of or concerning you that you approve for Levellr’s use will also be Promotional Materials under these Terms.
- Levellr Ltd will receive full payment from the User via the e-commerce site levellr.com.
- 80% of this sale will be transferred to the Athlete or the Agent within 30 working days of the sale being made.
- Furthermore, if the Athlete permits a User to offer an additional amount as a “tip”, we will pay you 80% of any amount paid by a User via our Site as a “tip".
- Refunds are dealt with on a case by case basis by Levellr. For levels which require a date to be agreed by the User and the Athlete and/or the Agent, refunds will generally not be accepted after this date has been mutually agreed. For cases where the Athlete and/or the Agent cannot provide a date convenient for the User, a credit note or refund may be required to be actioned by Levellr.
- Currency: Payments via the payment provider are in British Pound Sterling (GBP) unless the payment provider permits you to choose another currency and you do so.
- Fundraising: If you identify any entity on your Levellr profile page or elsewhere on our Site as a charitable organization or a recipient of any funds that you are raising (each, a “Charity”), you: (i) represent and warrant that you will comply with all applicable laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement; (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity; (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity’s good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms); and (v) represent and warrant that you have all rights necessary to authorize use of the Charity’s name and logo in connection with (and on) our Site, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your Levellr profile page disclaiming a connection between Levellr and the Charity, as we determine in our sole discretion.
License Grant to Users:
- For each requested personalised video, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the Levellr Video, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms).
- For all digital events, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display up to 10 still images or a single piece of video content of up to 30 seconds of the digital event, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms). The user is not permitted to record the digital session unless otherwise agreed in writing with Levellr and the Athlete and/or Agent.
- For all in-person events, you hereby grant to the User and the Recipient a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display up to 10 still images or a single piece of video content of up to 60 seconds of the in-person event, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third party websites and platforms). The user is not permitted to record the in-person session unless otherwise agreed in writing with Levellr and the Athlete and/or Agent.
- For all products related to educational, fitness, technical and mindset improvement, including PDF guides and video masterclasses, the User has no right to share that content by any means with any other user across any medium
- Right to Remove Levellr Videos and digital/in-person content: You acknowledge and agree that we cannot restrict the use of your Levellr Videos or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove those uses (including from social media channels or third party websites or platforms). If we do seek to remove a Levellr Video from a social media channel or third party website or platform, we may notify you of our intent to do so. As owner of the copyright in your Athlete Content, you hereby authorize Levellr to act as your agent in order to submit any DMCA notice or other demand with respect to your Levellr Videos. You will promptly notify us if you learn that any Promo Levellr Video is being used in violation of the Site Terms. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the Promo Levellr Video for any reason.
- Licenses: Please note that the licenses granted in this Section are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Athlete Content, by us, Users, or third parties (including Recipients and, in the case of a Promo Levellr Video, the Business). We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Site Terms. Finally, the licenses granted in this are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Site.
This agreement shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation to any disputes.